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Congestion Pricing in the Courts, Part III: Federal vs. State Power and the Ongoing Role of NEPA Review

I. Congestion Pricing Arrives Congestion pricing is back in court, and this time the Metropolitan Transportation Authority is seeking to stave off a federal attempt to terminate the program.1 Leading up to this moment, Judge Gordon in the District Court of New Jersey denied the majority of New Jersey’s National Environmental Policy Act claims seeking to … Continued

Demystifying Employment Status Definitions in Labor Law and Tax Law: A U.K. Perspective

Employment status determinations are central to labor law and tax law. From a labor law perspective, employment status is significant as it impacts one’s rights, with employees receiving the most rights under the Employment Rights Act (ERA) 1996 and Trade Union and Labour Relations (Consolidation) Act (TULRCA) 1992, workers receiving some but not all employee … Continued

New Technologies, New Risks: Compliance Considerations for Practitioners and Technology Companies in Remote Therapeutic Monitoring

New and evolving technologies continue to present the health care industry with opportunities to improve patient outcomes and access to care and reduce the need for more expensive interventions. While reimbursement continues to be tight for orthopedic, physical therapy, and occupational therapy practices in New York, opportunities remain for New York practices that are willing … Continued

New York State Fraud, Abuse, and Compliance Developments

New York State Department of Health Medicaid Decisions Compiled by Ron L. Oakes Courtesy Transportation Services, Inc. (Decision After Hearing, June 20, 2024, Matthew C. Hall, ALJ) Appellant is an ambulette and transportation provider operating in New York. The New York State Office of the Medicaid Inspector General (OMIG) conducted a data match desk audit … Continued

New York State Insurers’ Considerations in Using Artificial Intelligence in Underwriting or Pricing

The New York Department of Financial Services (DFS), which regulates insurers, issued a final Circular Letter No. 7 on July 11, 2024, titled, “ Use of Artificial Intelligence Systems and External Consumer Data and Information Sources in Insurance Underwriting and Pricing” (the “Circular Letter”).1 This Circular Letter was addressed to all insurers authorized to write insurance … Continued

Local and State Government Law Section Legislative Proposal

Public confidence in government has eroded at every level. Voter frustration is evident in the public discourse. Public cynicism undermines the effectiveness of democratic institutions. The solution to this problem should not be left solely to the partisan political machinery of government, nor to the reactive and punitive machinery of the criminal justice system. We … Continued

My Long Association With Lester Steinman

Over many decades of working in the planning profession as a consultant to municipalities in Westchester County and elsewhere, I have worked with many attorneys. In my opinion, Lester Steinman stands alone among many accomplished giants in the field of land use law. The day he and I began to work together on myriad projects … Continued